Salwasser Manufacturing Co. v. Occupational Safety & Health Appeals Board

Statement of the Case and Facts

This appeal challenges the constitutional validity of an inspection warrant issued to representatives of real party in interest, the Division of Occupational Safety and Health, Department of Industrial Relations (Division), to inspect appellant Salwasser Manufacturing Co., Inc.’s (Salwasser) place of business pursuant to the California Occupational Safety and Health Act (Cal-OSHA). (Lab. Code, §§ 6300-6711.)

On January 30, 1986, one of Salwasser’s employees telephoned the Division regarding employment conditions at Salwasser’s facility. He claimed numerous safety order violations existed at the plant. An industrial hygienist and two safety engineers employed by the Division discussed these alleged safety order violations with the complainant on at least three occasions. Based on these conversations, the Division personnel formed the belief that violations of Cal-OSHA probably existed at Salwasser’s plant. The industrial hygienist, who had been in contact with the complainant, prepared a declaration describing these events and submitted it to the superior court. On February 18, 1986, the superior court issued a warrant authorizing…